Bigelow v. Goss
Wisconsin Supreme Court
The bill in this case set forth, that some time in the summer and autumn of 1850, the complainant and defendant agreed to form a partnership in the lumbering business on the bank of Wolf Eiver in this state; that the defendant was to furnish a certain amount of supplies, and the complainant was to furnish his own labor and an ox team, and were to share gain and loss in proportion to the value of labor and supplies each put into the business; and alleges that the amount of…
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The bill in this case set forth, that some time in the summer and autumn of 1850, the complainant and defendant agreed to form a partnership in the lumbering business on the bank of Wolf Eiver in this state; that the defendant was to furnish a certain amount of supplies, and the complainant was to furnish his own labor and an ox team, and were to share gain and loss in proportion to the value of labor and supplies each put into the business; and alleges that the amount of supplies which the defendant would have been required to furnish, according to his agreement, would be $160; and further,…
1Opinion of the Court
By the Court,
WhitoN, C. J.
There can be no donbt that the agreement of the parties to subject to arbitration the matters in controversy between them, including the judgment which the defendant Goss recovered before the justice, and which had been taken to the County Court by appeal, worked a discontinuance of the suit. Muckey vs. Pierce, 3 Wis. Rep. 307, and the cases there cited.
The reason is, that the parties had chosen a tribunal other than the court, in which to settle and adjust their controversies. There can be no doubt, therefore, that the act of Goss, in filing a transcript of the…
2Cases cited1 opinion
- Muckey v. PierceWisconsin Supreme Court · 1854
3Cited by6 opinions
- Sohns v. SlotemanWisconsin Supreme Court · 1893
- Jones v. ThomasWisconsin Supreme Court · 1904
- Thornton v. Madison Woolen MillsWisconsin Supreme Court · 1876
- Columbus, Hocking Valley & Toledo Ry. Co. v. BurkeOhio Supreme Court · 1896
- Laflin v. Chicago, W. & N. Ry. Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1887
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